Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 202
AN ACT to amend the Indiana Code concerning higher education.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-15-10.5-4, AS ADDED BY P.L.205-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (b), as
used in this chapter, "agency" means an authority, board, branch,
bureau, commission, committee, council, department, division, office,
service, or other instrumentality of the executive, including the
administrative, department of state government. The term does not
include any of the following:
(1) Any body corporate and politic set up as an instrumentality of
the state.
(2) Any private, nonprofit, government related corporation.
(3) The judicial department of state government.
(4) The legislative department of state government.
(5) A state educational institution.
(6) A political subdivision.
(b) The term includes a state educational institution if the office,
pursuant to IC 21-39.5-6-2(d), reviews a state educational
institution's final decision regarding a violation of IC 21-39.5 and
issues an opinion on behalf of the commission for higher education.
SECTION 2. IC 21-27-3-5, AS ADDED BY P.L.167-2007,
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SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. (a) The board of trustees shall create a diversity
committee to do the following:
(1) Review and recommend faculty employment policies
concerning cultural and intellectual diversity issues.
(2) Review faculty and administration personnel complaints
concerning cultural and intellectual diversity issues.
(3) Make recommendations to promote and maintain cultural and
intellectual diversity among faculty members.
(4) Make recommendations to promote recruitment and retention
of minority and underrepresented students.
(b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board of trustees.
SECTION 3. IC 21-27-4-4, AS ADDED BY P.L.167-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) The board of trustees shall create a diversity
committee at the home campus and at each regional campus to do the
following:
(1) Review and recommend faculty employment policies
concerning cultural and intellectual diversity issues.
(2) Review faculty and administration personnel complaints
concerning cultural and intellectual diversity issues.
(3) Make recommendations to promote and maintain cultural and
intellectual diversity among faculty members.
(4) Make recommendations to promote recruitment and retention
of minority and underrepresented students.
(b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board of trustees.
SECTION 4. IC 21-27-5-4, AS ADDED BY P.L.167-2007,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) The board of trustees shall create a diversity
committee to do the following:
(1) Review and recommend faculty employment policies
concerning cultural and intellectual diversity issues.
(2) Review faculty and administration personnel complaints
concerning cultural and intellectual diversity issues.
(3) Make recommendations to promote and maintain cultural and
intellectual diversity among faculty members.
(4) Make recommendations to promote recruitment and retention
of minority and underrepresented students.
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(b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board of trustees.
SECTION 5. IC 21-27-6-7, AS AMENDED BY P.L.174-2018,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 7. (a) The board of trustees shall create a diversity
committee at the home campus and at each campus to do the following:
(1) Review and recommend faculty employment policies
concerning cultural and intellectual diversity issues.
(2) Review faculty and administration personnel complaints
concerning cultural and intellectual diversity issues.
(3) Make recommendations to promote and maintain cultural and
intellectual diversity among faculty members.
(4) Make recommendations to promote recruitment and retention
of minority and underrepresented students.
(b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
state board.
SECTION 6. IC 21-27-7-6, AS ADDED BY P.L.167-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 6. (a) The board of trustees shall create a diversity
committee at the home campus and at each regional campus to do the
following:
(1) Review and recommend faculty employment policies
concerning cultural and intellectual diversity issues.
(2) Review faculty and administration personnel complaints
concerning cultural and intellectual diversity issues.
(3) Make recommendations to promote and maintain cultural and
intellectual diversity among faculty members.
(4) Make recommendations to promote recruitment and retention
of minority and underrepresented students.
(b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board of trustees.
SECTION 7. IC 21-27-8-7, AS ADDED BY P.L.167-2007,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 7. (a) The board shall create a diversity committee
to do the following:
(1) Review and recommend faculty employment policies
concerning cultural and intellectual diversity issues.
(2) Review faculty and administration personnel complaints
concerning cultural and intellectual diversity issues.
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(3) Make recommendations to promote and maintain cultural and
intellectual diversity among faculty members.
(4) Make recommendations to promote recruitment and retention
of minority and underrepresented students.
(b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board.
SECTION 8. IC 21-27-9-6, AS ADDED BY P.L.167-2007,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 6. (a) The board of trustees shall create a diversity
committee at the home campus and at each regional campus to do the
following:
(1) Review and recommend faculty employment policies
concerning cultural and intellectual diversity issues.
(2) Review faculty and administration personnel complaints
concerning cultural and intellectual diversity issues.
(3) Make recommendations to promote and maintain cultural and
intellectual diversity among faculty members.
(4) Make recommendations to promote recruitment and retention
of minority and underrepresented students.
(b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board of trustees.
SECTION 9. IC 21-38-10 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]:
Chapter 10. Diversity Programming
Sec. 1. A state educational institution that establishes, supports,
sustains, or employs an office or individual whose primary duties
include coordinating, creating, developing, designing,
implementing, organizing, planning, or promoting noncredit
earning diversity programming shall include within the mission of
the office or position programming that substantially promotes
both cultural and intellectual diversity.
SECTION 10. IC 21-39-8-12, AS ADDED BY P.L.145-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 12. A state educational institution shall:
(1) create student protected expressive activity policies that are
consistent with this chapter;
(2) create a policy that includes a range of disciplinary actions
with regard to an employee, student, student organization, or
contractor of the state educational institution that materially
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and substantially disrupts the protected expressive activity of
another employee, student, student organization, or
contractor of the state educational institution;
(2) (3) make protected expressive activity policies created under
subdivisions (1) and (2) public in the state educational
institution's handbooks, on the state educational institution's
Internet web site, website, and at the state educational institution's
student orientation programs; and
(3) (4) develop materials, programs, and procedures to ensure that
individuals who are responsible for disciplining and educating
students, including administrators, campus police officers,
residence life officials, and professors, understand the policies,
regulations, and duties of the state educational institution
regarding protected expressive activity on campus.
SECTION 11. IC 21-39.5 IS ADDED TO THE INDIANA CODE
AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]:
ARTICLE 39.5. STATE EDUCATIONAL INSTITUTIONS:
THE PROTECTION OF FREE INQUIRY, FREE EXPRESSION,
AND INTELLECTUAL DIVERSITY
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Board of trustees" refers to the board of trustees of
each of the following:
(1) Ball State University.
(2) Indiana State University.
(3) Indiana University.
(4) Ivy Tech Community College.
(5) Purdue University.
(6) University of Southern Indiana.
(7) Vincennes University.
Sec. 3. "Faculty member" means an employee of an institution
whose employment duties include teaching students of the
institution.
Sec. 4. "Institution" refers to a state educational institution.
Sec. 5. "Intellectual diversity" means multiple, divergent, and
varied scholarly perspectives on an extensive range of public policy
issues.
Sec. 6. "Promotion" means the advancement of a faculty
member's employment position to a higher rank, level, or
distinction within an institution.
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Sec. 7. "Tenure" means a status of continuous employment
granted to a faculty member of an institution in which the faculty
member may not be dismissed except for good cause or in
accordance with one (1) or more of the following:
(1) The policies and procedures adopted by the institution.
(2) An employment agreement entered into between the
institution and faculty member.
Chapter 2. Tenure, Promotion, Employment, Complaints, and
Disciplinary Actions
Sec. 1. (a) This section applies to an institution that grants
tenure or promotions to faculty members.
(b) Subject to subsection (c), each board of trustees of an
institution shall establish a policy that provides that a faculty
member may not be granted tenure or a promotion by the
institution if, based on past performance or other determination by
the board of trustees, the faculty member is:
(1) unlikely to foster a culture of free inquiry, free expression,
and intellectual diversity within the institution;
(2) unlikely to expose students to scholarly works from a
variety of political or ideological frameworks that may exist
within and are applicable to the faculty member's academic
discipline; or
(3) likely, while performing teaching duties within the scope
of the faculty member's employment, to subject students to
political or ideological views and opinions that are unrelated
to the faculty member's academic discipline or assigned
course of instruction.
(c) A policy established under subsection (b) must provide that
the board of trustees of an institution may not consider the
following actions by a faculty member when determining whether
a faculty member may not be granted tenure or a promotion by the
institution:
(1) Expressing dissent or engaging in research or public
commentary on subjects.
(2) Criticizing the institution's leadership.
(3) Engaging in any political activity conducted outside the
faculty member's teaching or mentoring duties at the
institution.
Sec. 2. (a) Not later than five (5) years after the date that a
faculty member is granted tenure by an institution and not later
than every five (5) years thereafter, the board of trustees of an
institution shall review and determine whether the faculty member
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has met the following criteria:
(1) Helped the institution foster a culture of free inquiry, free
expression, and intellectual diversity within the institution.
(2) Introduced students to scholarly works from a variety of
political or ideological frameworks that may exist within the
curricula established by the:
(A) board of trustees of the institution under
IC 21-41-2-1(b); or
(B) faculty of the institution acting under authority
delegated by the board of trustees of the institution.
(3) While performing teaching duties within the scope of the
faculty member's employment, refrained from subjecting
students to views and opinions concerning matters not related
to the faculty member's academic discipline or assigned
course of instruction.
(4) Adequately performed academic duties and obligations.
(5) Met any other criteria established by the board of trustees.
(b) If the board of trustees of an institution reviews and makes
a determination that a faculty member meets the criteria under
subsection (a), the board of trustees shall certify that the board
reviewed and made a determination that the faculty member met
the criteria.
(c) In determining whether a faculty member has adequately
met the criteria under subsection (a), the board of trustees of an
institution may not consider the following actions by a faculty
member:
(1) Expressing dissent or engaging in research or public
commentary on subjects.
(2) Criticizing the institution's leadership.
(3) Engaging in any political activity conducted outside the
faculty member's teaching duties at the institution.
(d) The institution shall adopt a policy that establishes
disciplinary actions, including:
(1) termination;
(2) demotion;
(3) salary reduction;
(4) other disciplinary action as determined by the institution;
or
(5) any combination of subdivisions (1) through (4);
that the institution will take if the board of trustees determines in
a review conducted under subsection (a) that a tenured faculty
member has failed to meet one (1) or more of the criteria described
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in subsection (a)(1) through (a)(5).
(e) The board of trustees of each institution shall, at least every
five (5) years, review and renew or amend:
(1) the process for reviewing and making a determination
under subsection (a); and
(2) any criteria established under subsection (a)(5).
Sec. 3. (a) This section applies to the following:
(1) A faculty member.
(2) A person with whom the institution contracts to teach a
student of the institution.
(b) Before an institution:
(1) renews an employment agreement or other contract with;
(2) makes a bonus decision regarding; or
(3) completes a review or performance assessment of;
a faculty member or person described in subsection (a), the
institution shall give substantial consideration to the faculty
member's or person's performance regarding the criteria
described in section 2(a)(1) through 2(a)(5) of this chapter.
Sec. 4. (a) Each institution shall do the following:
(1) Establish a procedure that allows both students and
employees to submit complaints that a faculty member or
person described in section 3(a) of this chapter is not meeting
the criteria described in section 2(a)(1) through 2(a)(5) of this
chapter.
(2) Provide information regarding the procedure established
under subdivision (1):
(A) at student orientations;
(B) on the institution's website; and
(C) during employee onboarding programs.
(3) Refer complaints submitted under subdivision (1) to
appropriate human resource professionals and supervisors
for consideration in employee reviews and tenure and
promotion decisions.
(4) Make complaints submitted under subdivision (1) and any
relevant documents, summaries, or investigations available to
the board of trustees of the institution.
(5) Not later than April 1, 2025, and not later than April 1
each year thereafter, submit a report to the commission for
higher education that summarizes the following:
(A) The procedure that the institution established under
subdivision (1) for the submission of complaints.
(B) How and when the institution has provided or made
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available the information concerning the submission of
complaints procedure to students, faculty members, other
employees, and contractors of the institution.
(C) The number of complaints submitted, disaggregated by
a brief description of the types or categories of complaints
submitted, during the previous calendar year.
(b) The commission for higher education shall do the following:
(1) Prepare a report that provides the following information:
(A) The total number of complaint submissions that each
institution received as provided by the institution under
subsection (a)(5).
(B) The number of complaint submissions as described in
clause (A), disaggregated by a brief description of the types
or categories of complaints submitted.
(2) Not later than July 1, 2025, and not later than July 1 of
each odd-numbered year thereafter, submit the report
described in subdivision (1) to the legislative council in an
electronic format under IC 5-14-6.
(c) An institution and the commission for higher education may
not include information in a report submitted under this section
that identifies the following:
(1) A student or employee who submits a complaint under this
section.
(2) A faculty member or person described in section 3(a)(2) of
this chapter against whom a complaint was submitted.
Sec. 5. If an institution is unable to fully comply with this
chapter due to an employment agreement entered into with a
faculty member or person described in section 3(a) of this chapter
before July 1, 2024, the institution shall attempt to comply with this
chapter to the extent possible under the employment agreement
with the faculty member or person.
Sec. 6. Nothing in this chapter prohibits or restricts a board of
trustees of an institution from:
(1) delegating responsibility under policies approved by the
board of trustees to conduct the faculty reviews and make the
determinations described in this chapter; or
(2) establishing additional policies or criteria.
Chapter 3. Requirements Regarding Students, Employees,
Contractors, and Applicants
Sec. 1. (a) This section applies to the following:
(1) An applicant for admission, enrollment, or employment at
an institution.
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(2) An employee of the institution.
(3) A person with whom the institution contracts to teach a
student of the institution.
(b) An institution may not require an applicant, an employee, or
a person described in subsection (a) to pledge allegiance to or make
a statement of personal support for any:
(1) policy or action that would treat similarly situated people
or groups of people differently based on the race, color,
national origin, sex, sexual orientation, or religion; or
(2) political or ideological movement.
(c) If an institution receives a pledge or statement described in
subsection (b), including any statement regarding diversity, equity,
and inclusion, or related topics, the institution may not award:
(1) admission, enrollment, or employment;
(2) benefits;
(3) hiring, reappointment, or promotion; or
(4) granting tenure;
to an applicant, an employee, or a person described in subsection
(a) on the basis of the viewpoints expressed in the pledge or
statement.
Sec. 2. An institution shall include the following information in
the institution's programming for new students:
(1) The importance of:
(A) free inquiry and free expression; and
(B) intellectual diversity of viewpoints.
(2) The appropriate and inappropriate responses to speech
that a student finds offensive or disagreeable.
Chapter 4. Policy on Neutrality
Sec. 1. The board of trustees of each institution shall adopt a
policy on the neutrality of the institution that makes a distinction
between the official positions of the institution, including its
schools, colleges, and departments, from the individual viewpoints
of the institution's employees, contractors, students, and alumni.
Sec. 2. A policy adopted under section 1 of this chapter must
limit the circumstances in which an employee or group of
employees from the institution may establish an official institution,
school, college, or department position on political, moral, or
ideological issues to only those circumstances that affect the core
mission of the institution and its values of free inquiry, free
expression, and intellectual diversity.
Sec. 3. Nothing in this chapter may be construed to limit the:
(1) free speech of any individual beyond any employment
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requirements established by the institution; or
(2) ability of an institution to advocate for state funding or
educational policies to the state or federal government.
Chapter 5. Reporting Requirements
Sec. 1. The commission for higher education may establish a
student survey that attempts to collect information from students
of an institution regarding the current perceptions of whether free
speech and academic freedom are recognized and fostered by the
institution in a manner that welcomes expression of different
opinions and ideologies with respect to, but not limited to, classes,
faculty members and other instructors, peer interactions, speakers,
and campus groups.
Sec. 2. If the commission for higher education establishes a
student survey under section 1 of this chapter, each institution may
promote and provide to students the survey established under
section 1 of this chapter.
Sec. 3. If the commission for higher education establishes a
student survey under section 1 of this chapter, the commission for
higher education may do the following:
(1) Prepare a biennial report that summarizes, for each
institution, the information collected from the student survey
responses.
(2) Submit the report described in subdivision (1) to the
legislative council in an electronic format under IC 5-14-6.
(3) Post the report on the commission for higher education's
website.
Sec. 4. Not later than September 1, 2024, each institution shall
submit the following to the commission for higher education:
(1) Data describing the institution's budget allocations for
diversity, equity, and inclusion initiatives.
(2) Information regarding the definitions, guidelines, and
parameters the institution used in determining which
initiatives were considered by the institution to be diversity,
equity, and inclusion initiatives.
This section expires July 1, 2025.
Sec. 5. Not later than November 1, 2024, the commission for
higher education shall do the following:
(1) Review the information submitted by the institutions
under section 4 of this chapter.
(2) Submit a report to the budget committee regarding
consistent definitions, guidelines, and parameters that would
allow the information submitted under section 4 of this
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chapter to be compared across institutions and academic
years.
This section expires July 1, 2025.
Chapter 6. Construction and Enforcement
Sec. 1. Nothing in this article may be construed to do the
following:
(1) Preclude efforts to gauge an applicant's commitment,
plans, or past performance in fostering intellectual diversity.
(2) Prohibit an institution from:
(A) requiring a student, faculty member, contractor, or
any other employee of the institution to comply with
federal or state antidiscrimination laws; or
(B) taking action against a student, faculty member,
contractor, or any other employee of the institution for a
violation of federal or state antidiscrimination laws.
(3) Limit or restrict the academic freedom of faculty members
or prevent faculty members from teaching, researching, or
writing publications about diversity, equity, and inclusion or
other topics.
(4) Prohibit an institution from considering the subject matter
competency of any candidate for employment, reappointment,
tenure, or promotion when the subject matter is germane to
the candidate's or faculty member's field of scholarship.
(5) Prohibit an institution from considering the candidate's or
faculty member's past or potential for future contributions to
fostering a culture of intellectual diversity at the institution.
(6) Prohibit an institution from complying with federal
requirements to be eligible for federal grants.
Sec. 2. (a) As used in this chapter, "petitioner" means any of the
following:
(1) A student of an institution.
(2) An employee of an institution.
(b) After completing any applicable complaint process
established by the institution regarding a violation of this article,
a petitioner may request that the commission for higher education
review the institution's final decision under the following
circumstances:
(1) A procedural defect materially affected the institution's
final decision.
(2) New evidence that materially affects the institution's final
decision and was not reasonably available at the time the final
decision was rendered becomes available.
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(3) The institution's investigator had a conflict of interest or
bias concerning the petitioner that materially affected the
institution's final decision.
(4) The petitioner believes the institution disregarded law in
rendering a final decision.
(c) The commission for higher education shall review the
request submitted under subsection (b) and issue a final opinion
regarding the request not later than sixty (60) days after the date
that the commission for higher education receives the request.
(d) The commission for higher education may enter into an
agreement with the office of administrative law proceedings
established by IC 4-15-10.5 to carry out this section.
SECTION 12. IC 21-49-4 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]:
Chapter 4. State Educational Institution Information Reporting
Sec. 1. Not later than September 1, 2024, each state educational
institution shall submit to the commission for higher education the
following information:
(1) For each academic year, beginning with the 2017-2018
academic year, the total number of state educational
institution:
(A) full-time and tenured professors;
(B) adjunct instructors;
(C) other contingent faculty; and
(D) nonacademic support or administrative employees.
(2) For each academic year, the total number of employees at
the state educational institution whose primary or secondary
job duties or job titles include diversity, equity, and inclusion.
(3) For each academic year, the total number of state
educational institution adjudications or proceedings
regarding violations of policies regarding diversity, equity,
and inclusion or harassment.
(4) A list and description of what the state educational
institution does to ensure free speech rights of students.
(5) A list and description of what the state educational
institution does to ensure intellectual freedom for professors.
(6) A list and description of what the state educational
institution does to ensure intellectual and ideological diversity
of professors.
(7) Information regarding the definitions, guidelines, and
parameters the institution used in determining which
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information under subdivisions (1) through (6) to include in
the submission under this section.
This section expires July 1, 2025.
Sec. 2. Not later than November 1, 2024, the commission for
higher education shall do the following:
(1) Review the information submitted by the institutions
under section 1 of this chapter.
(2) Submit a report to the budget committee regarding
consistent definitions, guidelines, and parameters that would
allow the information submitted under section 1 of this
chapter to be compared across state educational institutions
and academic years.
This section expires July 1, 2025.
Sec. 3. Not later than September 1, 2024, and September 1 of
each year thereafter, a state educational institution shall submit to
the state budget committee a report with the following information
for the preceding state fiscal year:
(1) The total number of state educational institution:
(A) full-time and tenured professors;
(B) adjunct instructors;
(C) other contingent faculty; and
(D) nonacademic support or administrative employees.
(2) The total number of employees at the state educational
institution whose primary or secondary job duties or job titles
include diversity, equity, and inclusion.
(3) The total number of state educational institution
adjudications or proceedings regarding violations of policies
regarding diversity, equity, and inclusion or harassment.
(4) A list and description of what the state educational
institution did to ensure free speech rights of students.
(5) A list and description of what the state educational
institution did to ensure intellectual freedom for professors.
(6) A list and description of what the state educational
institution did to ensure intellectual and ideological diversity
of professors.
(7) The institution's budget allocations for diversity, equity,
and inclusion initiatives.
SEA 202 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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